Lead Paint Law Applies to Building Converted After 1960

Facts: Landlord converted a one-family house built before 1960 into a four-unit apartment building in 1991. Tenant later moved in with her baby. Tenant later sued landlord, claiming that peeling paint in the apartment caused lead poisoning to her child. Landlord claimed that former Local Law One, the lead paint law, didn't apply to landlord's building because it wasn't a multiple dwelling before 1960. Landlord asked the court to dismiss the case without a trial. Court: Landlord loses. There was no intent in the law to exclude buildings converted to multiple dwellings after 1960 from coverage under former Local Law One. The case wouldn't be dismissed. But there was a question of fact regarding whether there actually was peeling paint. So a trial was required to determine if landlord was responsible for lead paint poisoning.

Morales v. Reyes: NYLJ, 3/6/01, p. 20, col. 3 (Sup. Ct. Kings; Barron, J)